Justice Department Closes Investigation
Into Death of Noah Jamahl Jones

WASHINGTON – The Civil Rights Division of the U.S. Department of Justice, the
U.S. Attorney’s Office for the District of Maryland, and the Federal Bureau of
Investigation (FBI) announced today that there is insufficient evidence to
pursue federal criminal civil rights charges against six white men involved in
a July 24, 2004, altercation which resulted in the death of Noah Jamahl Jones,
an African-American teenager.

The Criminal Section of the Civil Rights Division, in conjunction with the
FBI, opened this investigation based on allegations that Mr. Jones’ death may
have resulted from a racially-motivated attack. The U.S. Attorney’s Office
assisted in the investigation.

During the federal investigation, the FBI interviewed witnesses and reviewed
investigative reports, an autopsy report, and records from a state
investigation and prosecution. In May 2005, the state of Maryland tried Jacob
Fortney, one of the six white men involved in the incident, for voluntary
manslaughter. After a four-day trial, a jury acquitted Fortney of that charge.

Experienced civil rights prosecutors reviewed the voluminous transcripts from
the state investigation and criminal trial. Based on careful review and
analysis of all of the evidence related to Mr. Jones’ death, the Civil Rights
Division and the U.S. Attorney’s Office determined that the evidence was
insufficient to support a federal criminal civil rights prosecution.

In order to prove a violation of federal criminal civil rights law, the United
States would have to meet a high burden of proof that cannot be met in this
case. The two relevant civil rights statutes require the government to prove,
beyond a reasonable doubt, that Mr. Jones was killed both because of his race
and because he was exercising a specific federally-protected right, such as the
right to enjoy a home, a public education, or a public facility.

The available testimonial and physical evidence in this case is insufficient
to prove beyond a reasonable doubt that the subjects’ actions were motivated by
the victim’s race. Moreover, the evidence is insufficient to prove beyond a
reasonable doubt that the violence was intended to interfere with any of Mr.
Jones’ federally-protected rights. The evidence is insufficient to prove that
it involved a willful violation of federal criminal civil rights laws.
Accordingly, the Department of Justice has no choice but to close this matter
without prosecution.

The U.S. Attorney’s Office, the Civil Rights Division of the Department of
Justice, and the FBI devoted many hours and significant resources to a complete
and careful review of the events surrounding Mr. Jones’ tragic death. The
decision not to pursue criminal charges is based on painstaking analysis of the
facts developed during a lengthy and thorough investigation. The Department of
Justice remains committed to investigations of this kind and stands ready to
devote the resources required to ensure that all allegations of serious civil
rights violations are fully and completely investigated. The Department of
Justice aggressively prosecutes criminal civil rights violations whenever the
evidence developed in these investigations warrants doing so.

Officials from the U.S. Attorney’s Office, the Civil Rights Division, and the
FBI met earlier today with representatives of Mr. Jones’ family to advise them
of this decision.